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File: Agreement Form 203086 | Cohabitationagreements
connecticut judicial branch law libraries copyright 2000 2022 judicial branch state of connecticut all rights reserved 2022 edition cohabitation agreements in connecticut a guide to resources in the law library ...

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                                     Connecticut Judicial Branch  
                                    Law Libraries 
                                               
               Copyright © 2000-2022, Judicial Branch, State of Connecticut. All rights reserved.  
               2022 Edition                    
                Cohabitation Agreements in Connecticut 
                               A Guide to Resources in the Law Library 
               
                                     Table of Contents 
                                               
              Introduction .................................................................................................... 3 
              Section 1: Validity ............................................................................................ 4 
              Section 2: Grounds........................................................................................... 7 
              Section 2a: Expressed or Implied Contract .......................................................... 8 
                Table 1: Proof of Existence, Terms, And Breach, or Lack Thereof, of Oral Contract 
                to Convey Property between Unmarried Cohabitants ....................................... 11 
                Table 2: Proof of Existence and Breach of Implied-In-Fact Contract for Services . 11 
              Section 2b: Implied Partnership Agreement or Joint Venture ............................... 12 
                Table 3: Proof of Existence and Breach of Joint Venture Regarding Real Property 14 
                Table 4: Proof of Existence and Breach of Implied Partnership Agreement between 
                Unmarried Cohabitants ................................................................................ 14 
              Section 3: Form and Content ........................................................................... 15 
                Table 5: Sample Clauses for Cohabitation Agreements .................................... 17 
              Section 4: Remedies & Enforcement ................................................................. 20 
              Section 4a: Quantum Meruit ............................................................................ 22 
                Table 6: Constructive Trust .......................................................................... 25 
                Table 7: Resulting Trust ............................................................................... 26 
               
               
               
                                               
                                               
                    Prepared by Connecticut Judicial Branch, Superior Court Operations, 
                           Judge Support Services, Law Library Services Unit 
                                               
                                     lawlibrarians@jud.ct.gov 
                                         Cohabitation - 1 
                                                                   
             
             
                                        
               These guides are provided with the understanding that they represent only a 
             beginning to research. It is the responsibility of the person doing legal research to 
             come to his or her own conclusions about the authoritativeness, reliability, validity, 
                     and currency of any resource cited in this research guide. 
                                        
                            View our other research guides at 
                          https://jud.ct.gov/lawlib/selfguides.htm  
                                        
             
             
                                        
             This guide links to advance release opinions on the Connecticut Judicial Branch website 
              and to case law hosted on Google Scholar and Harvard’s Case Law Access Project.  
                      The online versions are for informational purposes only. 
                                        
             
             
                                        
               References to online legal research databases refer to in-library use of these 
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                    Connecticut Judicial Branch Website Policies and Disclaimers 
                           https://www.jud.ct.gov/policies.htm  
                                   Cohabitation - 2 
                                                                                                                                                
                                                                                                                 Introduction 
                                                                                        A Guide to Resources in the Law Library 
                          
                         •    “Connecticut does not presently recognize, as valid marriages, living 
                              arrangements or informal commitments entered into in this state and loosely 
                              categorized as common law marriages. McAnerney v. McAnerney, 165 Conn. 277, 
                              285, 334 A.2d 437 (1973); Hames v. Hames, 163 Conn. 588, 593, 316 A.2d 379 
                              (1972); State ex rel. Felson v. Allen, 129 Conn. 427, 432, 29 A.2d 306 (1942). 
                              Only recently this rule of law has been reaffirmed. ‘In this jurisdiction, common 
                              law marriages are not accorded validity. . . . The rights and obligations that 
                              attend a valid marriage simply do not arise where the parties choose to cohabit 
                              outside the marital relationship.’ (Citations omitted.) Boland v. Catalano, 202 
                              Conn. 333, 339, 521 A.2d 142 (1987).” Collier v. Milford, 206 Conn. 242, 248, 
                              537 A.2d 474, 477 (1988). 
                               
                         •    “. . .the plaintiff cites the definition, adopted by our Supreme Court in Wolk v. 
                              Wolk, 191 Conn. 328, 332, 464 A.2d 780 (1983), that ‘[c]ohabitation is a 
                              dwelling together of man and woman in the same place in the manner of 
                              husband and wife.’ The plaintiff apparently interprets the phrase ‘in the manner 
                              of husband and wife’ to suggest that cohabitation is for all intents and purposes 
                              synonymous with marriage, and that cohabitation raises all of the same 
                              presumptions regarding the treatment of assets as does marriage. Such an 
                              interpretation, however, would essentially transform cohabitation into common-
                              law marriage, contrary to the refusal of this state to recognize such relationships. 
                              See McAnerney v. McAnerney, 165 Conn. 277, 285, 334 A.2d 437 (1973) 
                              (‘[a]lthough other jurisdictions may recognize common-law marriage or accord 
                              legal consequences to informal marriage relationships, Connecticut definitely 
                              does not. . . . It follows that although two persons cohabit and conduct 
                              themselves as a married couple, our law neither grants to nor imposes upon 
                              them marital status’ [citations omitted]).” Herring v. Daniels, 70 Conn. App. 649, 
                              655, 805 A.2d 718, 722-723 (2002). 
                               
                         •    “. . .cohabitation in and of itself does not create any legal or support obligations.” 
                              Loughlin v. Loughlin, 280 Conn. 632, 643, 910 A.2d 963, 972 (2006). 
                          
                                                                 
                                                                           Cohabitation - 3 
                                                                                                                                                
                                                                                                  Section 1: Validity 
                                                                                        A Guide to Resources in the Law Library 
                          
                       SCOPE:                          Bibliographic resources relating to the validity of unmarried 
                                                       cohabitation agreements in Connecticut. 
                                                             
                       DEFINITIONS:                    •    “. . .our public policy does not prevent the enforcement of 
                                                            agreements regarding property rights between unmarried 
                                                            cohabitants in a sexual relationship.” Boland v. Catalano, 
                                                            202 Conn. 333, 342, 521 A.2d 142, 146 (1987). 
                                                             
                                                       •    “Contracts expressly providing for the performance of 
                                                            sexual acts, of course, have been characterized as 
                                                            meretricious and held unenforceable as violative of public 
                                                            policy.” Boland v. Catalano, 202 Conn. 333, 339, 521 
                                                            A.2d 142, 145 (1987). 
                                                   
                       SEE ALSO:                       •    Section 4a: Quantum Meruit 
                       CASES:                          CONNECTICUT 
                                                     
                        Once you have 
                                                       •    Weicker v. Granatowski, Superior Court, Judicial District of 
                        identified useful                   Fairfield at Bridgeport, No. 398167 (September 2, 2003) 
                        cases, it is important              (35 Conn. L. Rptr. 333) (2003 Conn. Super. Lexis 2381) 
                        to update the cases                 (2003 WL 22133810). “What is left is that the parties 
                        before you rely on 
                        them. Updating case                 carried on a platonic relationship while living in the 
                        law means checking                  Guilford home for two years. . . . the court does not find 
                        to see if the cases                 probable cause that the parties expressly or implicitly 
                        are still good law.                 agreed that the plaintiff would have an interest in the 
                        You can contact your 
                        local law librarian to              Guilford property, nor can the court divine an equitable 
                        learn about the tools               basis for such an interest. Even if the court were to find 
                        available to you to                 that the parties carried on a romantic relationship while in 
                        update cases.                       the Guilford home, as observed supra, ‘cohabitation alone 
                                                            does not create any contractual relationship or. . . . 
                                                            impose other legal duties upon the parties.’ Boland v. 
                                                            Catalano, supra 202 Conn. at 339.” 
                                                             
                                                       •    Herring v. Daniels, 70 Conn. App. 649, 656, 805 A.2d 
                                                            718, 723 (2002). “[W]here the parties have established 
                                                            an unmarried, cohabiting relationship, it is the specific 
                                                            conduct of the parties within that relationship that 
                                                            determines their respective rights and obligations, 
                                                            including the treatment of their individual property.” 
                                                             
                                                       •    Boland v. Catalano, 202 Conn. 333, 339, 521 A.2d 142, 
                                                            145 (1987). “. . .cohabitation alone does not create any 
                                                            contractual relationship or, unlike marriage, impose any 
                                                            other legal duties upon the parties. . . . Ordinary contract 
                                                            principles are not suspended. . . . for unmarried persons 
                                                            living together, whether or not they engage in sexual 
                                                            activity.”  
                                                             
                                                                           Cohabitation - 4 
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...Connecticut judicial branch law libraries copyright state of all rights reserved edition cohabitation agreements in a guide to resources the library table contents introduction section validity grounds expressed or implied contract proof existence terms and breach lack thereof oral convey property between unmarried cohabitants fact for services b partnership agreement joint venture regarding real form content sample clauses remedies enforcement quantum meruit constructive trust resulting prepared by superior court operations judge support unit lawlibrarians jud ct gov these guides are provided with understanding that they represent only beginning research it is responsibility person doing legal come his her own conclusions about authoritativeness reliability currency any resource cited this view our other at https lawlib selfguides htm links advance release opinions on website case hosted google scholar harvard s access project online versions informational purposes references database...

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